Former Syncrude firefighter Michael Swan talks about his situation in Calgary, Alta., Monday, Jan. 14, 2019. Oilsands giant Syncrude Canada wants a judge to dismiss a lawsuit by a former first responder who claims he was wrongfully fired following a diagnosis of post-traumatic stress disorder. THE CANADIAN PRESS/Jeff McIntosh

Oilsands giant Syncrude wants judge to dismiss lawsuit of former firefighter with PTSD

The former firefighter and paramedic has said that no single event triggered his PTSD, but that it built up gradually

Oilsands giant Syncrude Canada wants a judge to dismiss a lawsuit by a former first responder who claims he was wrongfully fired following a diagnosis of post-traumatic stress disorder.

Michael Swan filed the lawsuit in Alberta Court of Queen’s Bench late last year seeking damages for lost compensation and benefits, improper paycheque deductions and in lieu of reasonable notice. His also seeks “moral or aggravated damages for bad faith throughout the employment relationship” and punitive damages.

“Syncrude denies that the plaintiff was at any time penalized due to his disability or that Syncrude failed to treat the plaintiff with civility, decency, dignity and respect,” the company said in a statement of defence filed last month.

“At no time during the plaintiff’s employment did Syncrude demonstrate an intention not to be bound by the employment agreement. The plaintiff, however, relocated from Fort McMurray to Calgary without notice to Syncrude and subsequently abandoned his employment.”

The claims by Swan and Syncrude have not been tested in court.

Swan, 44, began working for Syncrude in 2002 as a heavy equipment operator at its mining operations north of Fort McMurray, Alta. Five years later, he joined the company’s fire department, which sometimes responds to calls in the surrounding community.

The former firefighter and paramedic has said that no single event triggered his PTSD, but that it built up gradually. He said his symptoms were in full force by the time a ferocious wildfire swept into Fort McMurray in 2016. He was diagnosed a year later.

Syncrude said Swan attended an intake screening for a traumatic psychological injury program organized through the Workers’ Compensation Board in October 2017, but he “unilaterally chose not to return” for treatment.

Swan explained Wednesday that he joined the program later than Syncrude wanted because his own psychologist wished to ensure Swan was in the right condition for it.

He said the program offered structured full-day treatment that included group sessions, exercise and meditation. He said he found it challenging and rewarding.

“By the time I was ending it, I had come so far. I was able to talk with people and share my experience, which aids people suffering from PTSD immensely.”

In February 2018, Syncrude told Swan he had to return to work within a week, even though his care team and the WCB did not think he was ready, his lawsuit alleges.

Swan said he completed the program last summer. While he found it helpful, he said he spent a lot of time there dealing with his anger at Syncrude rather than his PTSD.

Syncrude disputes Swan was being forced back to work too soon.

“Syncrude relied upon the available medical reports and medical advice when formulating the gradual return-to-work plan for the plaintiff, and, further, Syncrude had no contradicting medical reports indicating that the plaintiff should not return to Fort McMurray or the Aurora Mine site.”

READ MORE: Mental issues from Fort McMurray fire linger but human contact helps

Swan said Syncrude first punished him for joining the program too late and then again for staying in it too long. He was fired last September.

Syncrude spokesman Leithan Slade said Thursday the company has nothing to add to its statement of defence “other than that Syncrude greatly values and supports its employees.”

Swan said he’ll never work as a first responder again, but he’s exploring retraining options through the WCB.

The WCB’s support is helpful, he added, but he is under financial strain. His sister has set up a GoFundMe page for legal and medical expenses.

“This is embarrassing, but I’m collecting some bottles and stuff and rolling change,” he said.

“I’m not looking for a handout or to be set up the rest of my life. I’d just like to hold Syncrude accountable and get back to the workforce.”

Lauren Krugel, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Northern B.C.’s Ridley coal terminal sold, Canada divests, First Nations to own portion

Ten per cent of shares transferred to the Lax Kw’alaams Band and the Metlakatla First Nation

Haida artist Derek Edenshaw helps Rupert spruce up city

A giant kraken, painted by local artists under Edenshaw’s tutelage, is now on display

Haida Gwaii teacher denied paid bereavement travel leave

Arbitrator sides with B.C. Teachers Federation in dispute over funeral trip

Skeena mainstem closed to recreational sockeye

Escapements expected to be below 800,000 threshold

Rainbow Yarnbombing takes over

Haida Gwaii Knitting Group surprise the islands

‘Bad choices make good stories’: Margaret Trudeau brings her show to Just for Laughs

Trudeau says over the decades she has been suicidal, manic, depressed

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

B.C. couple bring son home from Nigeria after long adoption delay

Kim and Clark Moran of Abbotsford spent almost a year waiting to finalize adoption of Ayo, 3

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Mercury tops out on top of the world: Alert in Nunavut warmer than Victoria

It’s the latest anomaly in what’s been a long, hot summer across the Arctic

Canadian is detained in China on drug allegations: Chinese government

Detention of a Canadian in China comes as part a diplomatic dispute triggered by arrest of Huawei exec Meng Wanzhou

Too much time on social media can hurt teens’ mental health: study

Researchers conducted a four-year survey of more than 3,800 adolescents between Grades 7 and 11

Advocates want charges in horse deaths during Calgary Stampede chuckwagon races

Chuckwagon races are a nightly spectacle during the Stampede, a 10-day annual celebration of western life

Most Read